In this Sept. 6, 2012, photo, cotton farmer Teofilo ?Junior? Flores stands on one side of the border fence that passes across his property in Brownsville, Texas. Since 2008, hundreds of landowners on the border have sought fair prices for property that was condemned to make way for the fence, but many of them received initial offers that were far below market value. (AP Photo/Eric Gay) less

In this Sept. 6, 2012, photo, cotton farmer Teofilo ?Junior? Flores stands on one side of the border fence that passes across his property in Brownsville, Texas. Since 2008, hundreds of landowners on the border ... more

Photo: Eric Gay, Associated Press

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Land seized by the federal government in Brownsville, Texas, and across the Southwest to build a fence to stem the tide of illegal immigration fetched a wide range of payments. Some property owners complain that they weren't fairly compensated. less

Land seized by the federal government in Brownsville, Texas, and across the Southwest to build a fence to stem the tide of illegal immigration fetched a wide range of payments. Some property owners complain ... more

Photo: Eric Gay, Associated Press

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Teofilo Flores says he received 40 times less than a neighbor.

Teofilo Flores says he received 40 times less than a neighbor.

Photo: Eric Gay, Associated Press

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Border landowners say deal wasn't fair

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Brownsville, Texas --

When the federal government began seizing private land along the U.S.-Mexico border to build a towering fence, Teofilo Flores was offered $1,650 for a slice of his backyard.

At first, it seemed like a square deal. But then the cotton grower learned that his neighbor had received 40 times more for a similar piece of land. And another nearby farmer pocketed $1 million in exchange for his cooperation.

Since 2008, hundreds of landowners on the border have sought fair prices for property that was condemned to make way for the fence. But many of them received initial offers that were far below market value. And dozens accepted those amounts without seeking any legal help, only to discover neighbors had won far larger settlements after hiring attorneys.

The disparities raise questions about the Justice Department's treatment of landowners from Texas to California who couldn't afford lawyers.

The wide variation in price "underscores how unfair these original offers were," said attorney Corinna Spencer-Scheurich, who represented landowners when the seizures began.

The federal government "is using its power, its clout, to try to take land from people at a price that is unfair," she said.

In 2006, Congress ordered construction of 670 miles of heavy metal fence to help curb illegal immigration. The project required landowners on the border to give up property that ranged from the size of a driveway to much larger farms and commercial lots.

The Constitution requires the government to provide compensation whenever it takes property for a public project using a process known as eminent domain.

About 400 landowners have been affected. Most are in Texas, because that state has more private property along the border than do New Mexico, Arizona or California, where much of the border land is already in federal hands.

One recent case involved 8 acres at the entrance to a sable palm grove managed by the Nature Conservancy. The government initially offered $114,000, but in August the matter was settled for nearly $1 million.

In response to inquiries, the Justice Department pointed to a 144-page federal guide on land seizures. When taking land, the government strives "to achieve a fair resolution for both the landowner and American taxpayers," spokesman Wyn Hornbuckle said.

Lawyers for the government have argued that the original lowball offers often served merely as down payments to permit the government to take the land quickly so construction could begin. The plan was for full compensation to be paid later after factoring in damage to property and the loss of market value. Some landowners' attorneys concurred with that understanding.